Gilbert v. Commonwealth

STEWART, Judge.

Birchel Gilbert was convicted of the offense of having in his possession for sale a large quantity of alcoholic “canned heat". The punishment imposed by the jury was a fine of $100 and 30 days to be served in jail.

*320He moves for an appeal, urging- several grounds for reversal, one of which has merit, namely, that the lower court erred in overruling the demurrer to the indictment.

Nowhere in the body of the indictment, in either the accusatory or descriptive part, is it shown the crime was committed in local option or dry territory. A description of the alleged liquor violation…